alanfromderby Capital One update - Settled in full!

[alanfromderby]

Just had my call from Capital One asking when I will be paying, as I am about £60 over limit. As they have charged me £180 in charges over the past 6 months decided to suggest that they just refunded that, then problem solved!!

 

As you can guess the chap was not too impressed and quoted terms and conditions etc.

 

Asked to speak to a manager, but guess what, they were all unavailable.

 

Letter ready and due in post tomorrow asking for £180 back - that should cover my April payment quite nicely. LOL

[alanfromderby]

£60 refunded to my card today - just £120 to go. Next letter due to go in about a week - or when I receive their letter saying that they are only paying £60, terms and conditions etc etc.

[alanfromderby]

Okay, LBA was received by them on Tuesday 11th, on Thursday 13th they have added a further £40!

 

So, this will be winging it's way to them tomorrow:

 

Robert Udy

Executive Office Manager

Capital One

PO Box 5281

Nottingham

NG2 3HX

 

15th April 2006

URGENT LEGAL MATTER

 

Dear Mr Udy

 

Account Number: xxxx xxxx xxxx xxxx

 

Further to my letter of 10th April.

I am disappointed to note that you have chosen to levy further unlawful charges to my account in the sum of £40. This is in addition to the £120, which has been previously notified to you, and still remains outstanding. The amount that I require to be refunded is therefore now £160.

As already stated, I now understand that the regime of 'fees' which you have been applying to my account, in relation to over-limit, and late payment charges, is unlawful at Common Law, Statute and recent Consumer regulations. I would again draw your attention to the terms of the contract which you agreed to at the time that we opened our account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

As previously stated, I require repayment of £160 to my account. Under the terms in my LETTER BEFORE ACTION, which you received on 11th April, you have until close of business on 25th April to complete that action. If you do not comply, then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Yours sincerely,

Let's see what happens now.

[Don Quioxte]

Like the last paragraph.. very amusing..

 

Out of all of them Alan, I absolutely despise Capital One.. they have no common sense or logic (let alone compassion or sense of morality) - exemplified by the addition of another £40 to your account under such circumstances - they really are beyond comprehension..

 

Anyway, look forward to the response.. I'm still waiting for my statements and I can't wait to get my teeth into their backsides..

[alanfromderby]

Received letter from Robert Udy this morning offering full and final settlement of the £120 originally claimed - however, he has obviously not seen my follow-up letter regarding the extra £40 they charged me on 13th April.

 

So, agreed to suspend court action for 14 days, on the condition that they credit the £120, plus the other £40. It was a very close call as I had the claim all ready to fire off - then the postman arrived!

 

Anyway, almost there!

[Glitterari]

Hmmmm, well he refused point blank with me. Maybe they will indeed be saved by the bell as I have just spent a good couple of hours trying to squeeze in my particulars of claim on moneyclaim.

 

I really do not see how they will give in to some and dig their heels in with others - esp since we're both being dealt with by Mr Udy. Does he have two piles (yes we will refund all and no we won't) that he alternates the letters into?

 

and for similar amounts...it doesn't make sense.

 

C x

[Natasha]

Hmmmm, well he refused point blank with me. Maybe they will indeed be saved by the bell as I have just spent a good couple of hours trying to squeeze in my particulars of claim on moneyclaim.

 

I really do not see how they will give in to some and dig their heels in with others - esp since we're both being dealt with by Mr Udy. Does he have two piles (yes we will refund all and no we won't) that he alternates the letters into?

 

and for similar amounts...it doesn't make sense.

 

C x

 

Maybe it depends on how much your claim is?

 

how much are you claiming for glitterari?

[Don Quioxte]

im surprised at that result alan - pleased..

 

cos i had been gettin the distinct impression that Capital One were actually so far off their heads, on planet zanussi with the fridges, that they really believed they were right.. and were actually going to contest the claims..

 

i got the standard Mr Udy reply to what was actually a complaint letter and not the prelim.. they've done a goodwill of £40 and then slandered the OFT in the rest of the letter (see my post Capital Offence)..

 

so 'im gonna pop my LBA in the post early on the basis of MR Udy's letter.. reduce my claim by £40.. and give em 14 days..

 

nice result for you thus far!

[elgringo]

hey alan .. we need to get together 4 a drink so i can pick ur brains .lol

mickfromderby. nerrrrrrrrrrrr nerrrrrrrrrrrrrrr .lol

[alanfromderby]

Just checked my on-line account and see that they have credited the £160 - that means they have refunded the full £220. Interesting footnote - the transaction was dated yesterday - Sunday!!

 

One down...six to go!

[Tinkerbelle]

Hey well done!!! That's excellent news!!

 

Have you completed the survey

[alanfromderby]

Just been to the supermarket, and going to have a nice big bowl of Strawbury's and Ice Cream on Cap 1 this evening! :grin:

[meggiemoo_d]

Hi,

Congratulations!! How far did you have to go?

 

Also, what did you put in your particulars bit? I'm having a hard time condensing things!!! I'm filling in my court thing tomorrow.

 

Thanks

[alanfromderby]

They settled after the Letter Before Action - although their letter did not arrive until the very last day before I was due to start action.

 

There is a suggested text for moneyclaim in the library.

[Don Quioxte]

Nice one Alan, enjoy the ice cream..

 

sent my LBA to them last week.. so hope I will be indulging in some Hagen Dasz in the very near future

 

good job

[juliec]

Great news....well done...It will also cover court costs for round 2 of 6 if needed!

[alanfromderby]

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